- (1) Concurrent with the issuance of a final order approving one of the mitigation projects identified in OAR 690-521-0300, the Department shall make a preliminary finding as to the amount of mitigation credits available. The Department shall award final mitigation credits upon completion of the approved project by the applicant and verification by the Department that the project is complete. The Department shall award mitigation credits to the person or mitigation bank that completed the mitigation project, unless otherwise requested by the project applicant.
- (2) Mitigation credits awarded by the Department are valid until used to fulfill a mitigation obligation. Valid mitigation credits may be assigned by any person or recognized mitigation bank to any person or other mitigation bank. Mitigation credits are used when a person submits to the Department documentary evidence that valid credits have been obtained and assigned to satisfy a mitigation obligation.
Statutory/Other Authority
ORS 537.746 & 536.027
Statutes/Other Implemented
ORS 390.835 & Ch. 659 2001 OL HB 2184
History
WRD 3-2002, f. & cert. ef. 9-27-02